LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Sunday, September 5, 2010

RES-JUDICATE AND RES-SUB-JUDIE

EXPAMLES:- THE EARLIER CIVIL SUIT RELATED TO RIGHT OF WORSHIP AND EXCLUSIVE POSSESSION OR MANAGEMENT OF THE MAIN TOWN TEMPLE WHILE THE PRESENT SUIT I SNOT DIRECTLY AND SUBSTANTIVELY INVOLVED THESE ISSUES, IT IS PURELY FILED FOR THE TITLE TO THE SUIT PROPERTY , WHICH IS TO BE DECIDED.SO THE QUESTION OF APPLICATION OF RESJUDICATA NOT APPLIES-2002 S.A.R. [CIVIL] 719; ISSUE INTER SE THE PARTIES HAVING BEEN DECIDED IN EARLIER PROCEEDING UNDER THE VERY SAME ACT- RAISING THE SOME ISSUE IN SUBSEQUENT PROCEEDINGS-IMPERMISSIBLE-EVEN IF RES-JUDICATA IN ITS STRICT SENSE MAY NOT APPLY BUT ITS PRINCIPLE WOULD BE APPLICABLE-PARTIES IN THE EARLIER PROCEEDING MAY RAISE THE SAME ISSUE UNDER THE SAME ACT BUT FAILED TO RAISE, CAN NOT RAISE THE SAME NOW, ON THE BASIS OF CONSTRUCTIVE RESJUDICATA-ESTOPPEL-1998 SAR [CIVIL]939.;